St. Nicholas Laundry Service Corp. v. Glens Falls Insurance

Appellate Terms of the Supreme Court of New York

St. Nicholas Laundry Service Corp. v. Glens Falls Insurance

139 Misc. 306, 249 N.Y.S. 121, 1930 N.Y. Misc. LEXIS 1795

CourtAppellate Terms of the Supreme Court of New York

DecidedDecember 30, 1930

StatusPublished

This text of 139 Misc. 306 (St. Nicholas Laundry Service Corp. v. Glens Falls Insurance) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

St. Nicholas Laundry Service Corp. v. Glens Falls Insurance, 139 Misc. 306, 249 N.Y.S. 121, 1930 N.Y. Misc. LEXIS 1795 (N.Y. Ct. App. 1930).

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Opinion

Per Curiam.

We think plaintiff failed to make out a case because it did not prove the value of the missing goods and did not show that the $500 insurance fully covered all the goods on the truck, or what proportion the insured value bore to the real value. The judgment must be reversed and a new trial will be ordered when the facts bearing on the question of waiver of the short limitation in the policy may be more fully or clearly developed.

Judgment reversed and new trial ordered, with thirty dollars costs to appellant to abide the event.

Ail concur; present, Lydon, Peters and Frankenthaler, JJ.

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Per Curiam.

We think plaintiff failed to make out a case because it did not prove the value of the missing goods and did not show that the $500 insurance fully covered all the goods on the truck, or what proportion the insured value bore to the real value. The judgment must be reversed and a new trial will be ordered when the facts bearing on the question of waiver of the short limitation in the policy may be more fully or clearly developed.

Judgment reversed and new trial ordered, with thirty dollars costs to appellant to abide the event.

Ail concur; present, Lydon, Peters and Frankenthaler, JJ.

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Bluebook (online)

139 Misc. 306, 249 N.Y.S. 121, 1930 N.Y. Misc. LEXIS 1795, Counsel Stack Legal Research, https://law.counselstack.com/opinion/st-nicholas-laundry-service-corp-v-glens-falls-insurance-nyappterm-1930.